The trademark Oktoberfest München was filed by LANDESHAUPTSTADT MÜNCHEN, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 26, 2022, and received one opposition filed on January 16, 2023 by FCRB IMPEX SRL on Likelihood of confusion. the opponent was represented by Grecu, Elena and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 16, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 3, 2024.
The Opposition with reference B 003188274 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 25, 2024 by the EUIPO. The Appeal with reference B R1264/2024-2 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on December 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other dairy products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla foodstuffs
Salts, seasonings, flavourings and condiments
Baked goods, confectionery, chocolate and desserts, Namely ready-to-eat desserts (confectionery and pastries), Prepared desserts [chocolate based], Rice-based pudding dessert, Puddings, Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum, Cereal bars and energy bars
Fruit gums [other than for medical use]
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts.
The mark was filed in class 41 with following description of goods:
Arranging of fairs and festivals (entertainment)
Public entertainment
Entertainment, organisation of lotteries and competitions
Amusement parks
Betting and gambling relating to or in connection with fairs and festivals
Sporting and cultural activities
Production, presentation, networking (publication) and/or rental of films, sound and video recordings
Production and/or renting, in relation to the following goods: Interactive education and entertainment content, Interactive CDs, Interactive DVDs, interactive mini-discs, Interactive CD-ROMS
Radio and television reporting relating to fairs and festivals
Reservation of tickets for fairs and festivals
Interactive entertainment services
On-line gambling services
Provision of games over the Internet or on wireless electronic communication device
Publication of books
On-line publishing of electronic books and newspapers
Production of audio and video tapes
Information provided online via a computer database or via the internet relating to fairs and festivals
Provision of on-line computer games.
The mark was filed in class 43 with following description of goods: